OSHA Inspection: KEITH ZARS POOLS LTD.

Issued

Mar 1, 2013

Abate by

Mar 4, 2013

Penalty

Initial $7,000 · Current $7,000

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1):  The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees exposed to being stuck by or caught between heavy equipment vehicles:  On or about October 15, 2012, A truck driver was tarping a load of dirt when he was exposed to the hazard of being struck by an excavator.  The excavator's operational area and swing radius were not designated or barricaded for a small construction site.  Among other methods, one feasible and acceptable abatement method to correct this hazard is to follow recognized practices published by the Association of Equipment Manufacturers Hydraulic Excavator Safety Manual, that instructs operators to set up safety barriers around the swing pattern to prevent anyone from walking into the work area:  Other control methods should include include:  1.  Require drivers to stay in the cab of their trucks while in loading areas.  If drivers exit their truck they must stay in the loader operator's view at all times.  If the loader operator cannot see the driver, they will cease loading operations.   2.  Provide workers with safety training for the duties they are assigned to perform, and implement specific training on equipment blind spots for excavation construction workers.  3.  Enforce procedures that minimize exposure of workers on foot in areas with mobile heavy equipment.  4.  Maintain windshields and/or cab glass with clear and unobstructed views.  5.  Ensure workers on foot are wearing high visibility apparel.

Issued

Mar 1, 2013

Abate by

Mar 4, 2013

Penalty

Initial $5,000 · Current $1,000 Reduced

General-duty citation text

29 CFR 1926.20(b)(2): The employer did not initiate and maintain a safety program which provides for frequent and regular inspections of jobsites, materials, and equipment to be made by a competent person:  On or about October 15, 2012, the employer failed to inspect and implement safety precautions for a small construction site with active heavy equipment such as dump trucks and excavator. The jobsite did not have the following considerations for safety:  1.  Designated danger areas with barricades to prohibit workers on foot and prevent equipment from striking workers.  2.  Heavy equipment inspections, such as the excavator, for working seat belts, clear windshields and warning decals posted as required in the operations manual.  The warning decals on the back of the swing structure of the excavator were missing.

Issued

Mar 1, 2013

Abate by

Mar 4, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.21(b)(2):  The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.  On or about October 15, 2012, laborers were constructing a swimming pool without adequate hazard recognition training.  Truck driver was standing in the danger zone of an excavator while tarping his truck.  Unsafe conditions included lack of safety barriers, no high visibility clothing, drivers exiting cab into excavator blind spot, and drivers turning their back to excavator, exposing employees to the hazard of being struck by heavy equipment.

Issued

Mar 1, 2013

Abate by

Mar 4, 2013

Penalty

Initial $5,000 · Current $2,000 Reduced

General-duty citation text

29 CFR 1926.251(b)(3):  Job or shop hooks and links, or makeshift fasteners, formed from bolts, rods, etc., or other such attachments, were used.  On or about October 15, 2012, a chain holding a hammer drill in the bucket of a front end loader had a bolt for a fastener.  The chain was located in the main equipment yard.

Issued

Mar 1, 2013

Abate by

Mar 4, 2013

Penalty

Initial $5,000 · Current $2,000 Reduced

General-duty citation text

29 CFR 1926.600(a)(5):  Equipment cab glass introduced visible distortion that affected the safe operation of the machine:  On or about October 15, 2012, the back window of the cab of the excavator's cab had a tinted coating with bubbles and streaks that distorted the operator's view, exposing workers on the ground to the hazard of being struck by the excavator.

Issued

Mar 1, 2013

Abate by

Mar 4, 2013

Penalty

Initial $5,000 · Current $5,000

General-duty citation text

29 CFR 1926.602(a)(2)(i):Seat belts were not provided on earth moving equipment.    On or about October 15, 2012 the left side of the seat belt on the excavator was missing.  The excavator was used to dig a swimming pool at the construction site.  This condition exposed the operator to the hazard of falling out of the cab or striking the controls during a tipping event or roll over.

Issued

Mar 1, 2013

Abate by

Mar 4, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1904.29(b)(1):  A Log of all recordable work-related injuries and illnesses (OSHA Form 300 or equivalent was not completed in the detail as required by the regulation:  For the 2012 OSHA 300 Log, incomplete descriptions in column (F) on the Log materially impaired understandability of the nature of hazards, injuries and illnesses in the workplace.  a) The type of injury was not recorded for 4 cases (#1,3,4,6).  b) The specific body part affected was not recorded for 2 cases (#5-6).  c) The object/substance that directly injured or made person ill was not recorded for 2 cases (#1-2).   d) The location of event occured was completed with nonspecific descriptions including "job site".    Abatement Note:  Reference the example in column(F) on OSHA Form 300 for the detail required in the description, e.g. "second degree burns on right forearm from acetylene torch".  Reference the example in column (E) on OSHA Form 300 for the detail required of where the event occurred.